Update on notice periods – it’s good news for employers

We wrote about the Dawe v. Equitable Life Insurance Company, 2018 ONSC 3130 back in January. Check out that post here.  The Dawe case was notable because the judge in that case awarded Mr. Dawe a notice period of 30 months. The judge also made the comment that he would have awarded Mr. Dawe 36 months of notice, but stopped at 30 because that was what Mr. Dawe had asked for in his Statement of Claim. 

30 Months of Notice!!!!

This case caused a stir with employment lawyers because historically 24 months of notice has been the high-water mark. It has been very rare to see a former employee awarded more than 24 months of notice and this would only be the case in “exceptional circumstances.”

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Accommodating Addictions

A labour arbitration decision out of Nova Scotia has got us thinking about what will qualify as addiction and justify accommodation in the work setting.  In Unifor, Local 2215 v IMP Group Ltd (Aerospace Division) (AB Grievance), [2019] NSLAA No 4, Arbitrator Richardson determined that an employee’s on the job masturbation was not justified by his reported sex addiction and upheld the employer’s decision to terminate.  

Sex Addiction

The employee in question carried out his offending behaviour in a four-stall bathroom, and though he was courteous to the extent that he did not engage in the behaviour if someone was in the stall directly beside him, he was commonly overheard by his co-workers.

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Employment Law Issues for Chiropractors and Physiotherapists

As our population becomes more technology dependent and urbanized, we are increasingly adopting more sedentary lifestyles than our ancestors.  One of the consequences of using our bodies less and our brains more is a host of negative health outcomes, including musculoskeletal issues from being hunched over screens for most of our waking lives. 

Thankfully, a new generation of entrepreneurial chiropractors and physiotherapists have sprung up across our cities to help teach us to sit up straight and activate our glutes. But as with most small businesses in Ontario, there are unique employment law issues facing chiropractors and physiotherapists which they should be aware of.

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New Contracts for Current Employees

While we like to help businesses set up their employment relationships from day one, more often than not we come in to help a little later. In many typical workplaces, some employees have written contracts or offer letters, of varying levels of quality, and some don’t have any sort of written contract at all. 

Why Have a Written Contract?

Employment relationships are governed by certain terms regardless of whether or not there is a written contract. When there is nothing in writing, the employer does not get to pick these terms, or make them explicit to the employee. They just come from the common law. 

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Unauthorized Absences – When your employees are crazy sports fans!

With the huge response to the Raptors parade this week we thought it a good time to revisit the issue of unauthorized employee absences. Many employers allowed their employees the day off to go celebrate, but there were also reports showing some employees, who did not get the day off, wearing fake noses and disguises to the parade so that they would not be identified by employers should they happen to get on TV. We discussed this topic way back in 2015 when the Blue Jays and Blue-Flu were causing a bit of a dip in employee productivity. Be it baseball, the World Cup (go Canada’s Women’s Soccer team! #CANWNT) or Raptors fever, employers need to be prepared to manage their sport fan employees!

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Requiring Agility – How Much Can an Employer Change Job Duties?

At SpringLaw we work with a lot of tech companies and start-ups who are all about agility. These employers often include language in their contracts that speaks to being flexible with duties and rolling with the punches as the company scales. How flexible can employers expect their employees to be when it comes to having their roles and duties changed? And how important are these promises of agility in the employment contract? How much can an employer require an employee to change hats before risking a constructive dismissal claim? A case out of Nova Scotia sheds some light on these questions.

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